Moving on from asylum support
Nass 35
Moving on from initial accommodation
Accommodation arrangements
Income support
Benefits for people over 60
Jobseekers allowance
Council tax benefit
Child benefit and child tax credit
Social Fund
Disability benefits
Working tax credit
Council housing
Housing benefit
Health and social services
People who have been granted refugee status, HP or DL and have been living on UKBA asylum support have 28 days to access the mainstream benefits system before UKBA terminates support. They need to visit their local Jobcentre Plus office as soon as they receive the Home Office decision letter, Immigration Status Document and a NASS 35 form.
NASS 35 is a Home Office document stating that UKBA support will be terminated because the applicant has received a positive decision on his/her asylum application. It also provides proof the applicant had received asylum support in the past. The Home Office should send a NASS 35 with its decision letter. Those who receive a positive decision on their asylum application but do not receive a NASS 35, should still visit the local Jobcentre Plus office and ask staff to request a NASS 35. Jobcentre Plus can do this by contacting UKBA.
If the NASS 35 is delayed, this should not prevent Job Centre Plus processing a claim for Job Seekers Allowance or other benefits. The Department for Work and Pensions’ policy is that evidence for processing a claim through Job Centre Plus can be the Immigration Status Document and Home Office letter. The NASS 35 can be presented at a future date.
People who are still in initial accommodation, and thus waiting for a decision from UKBA on their asylum support application at the time of their positive decision, also have 28 days within which to access mainstream benefits services. They should not be evicted from their initial accommodation until this time.
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People in initial accommodation will not receive a NASS 35 automatically as they will not have received a decision on their support application. Instead, they should present proof of their newly granted status at their local Jobcentre Plus office. Jobcentre Plus staff will need to request a NASS 35 form from UKBA themselves. See the Refugee Council leaflet Are you supported by NASS and have been granted positive decision on your asylum application? This is translated into many languages.
Moving away from UKBA support to the mainstream welfare system does not necessarily mean that people with a positive asylum decision have to find alternative accommodation. They may be able to stay in the same accommodation and have the rent covered either by housing benefit or by setting up a private tenancy agreement if they have started work.
After a positive decision, people will be able to move if they wish, but there may be issues for those who wish to access public housing, as such housing is limited. Measures contained in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 restrict the right of those given permission to stay to apply for local authority housing except in the areas to which they have been dispersed. People dependent on public housing should seek advice if they wish to move to another area.
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Please note: If someone was previously supported by UKBA, they are unlikely to have had any experience of paying energy bills in the UK and may need help with this. Refugees may also need to change their GP or the school their children attend. They need to be made aware of their rights to do so and receive guidance on how to go about this. Benefits can be confusing. A good starting point for finding out about what benefits are available and who has provided information and guidance on different types of benefits, go to the 'Advice Now' website. 'Advice now’ is an independent not-for-profit organisation providing succinct and up-to-date information on rights and legal issues. |
Income support is an income-related benefit for people aged between 16 and 60 who are either not working or working on average less than 16 hours a week. If other members of the claimant’s household earn money, this is likely to affect the amount of income support they can claim. People receiving Jobseeker’s Allowance who have to report to their local Jobcentre Plus on a regular basis cannot claim income support. Nor can they claim income support if they have savings over £16,000. This benefit is dealt with by Jobcentre Plus. The Welfare Bill currently before Parliament will mean that Income Support is phased out over the next few years. For more information and how to apply for Income Support, go to the Jobcentre Plus website.
Refugees who are studying English may be eligible for Income Support for up to nine months. Schedule 1, Para 16, Income Support (General) Regulations 1987 outlines the requirements that:
- the refugee is on a course for more than 15 hours a week and for the purpose of learning English so that he/she may obtain employment
- on the date on which that course commenced, the refugee had been in Great Britain for not more than 12 months
Recently arrived elderly refugees are unlikely to qualify for a basic state pension as this is linked to national insurance contributions. But refugees over 60 should be eligible for state pension credit. Its purpose is to ensure that pensioners have a guaranteed minimum level of income. Claimants must be habitually resident, not subject to immigration control and any income they do have must be below the minimum guarantee.
Pension Credit is dealt with by the Pension Service. To find out about entitlements to Pension Credit, call the Pension Service’s freephone helpline on 0800 99 1234 or visit its website. Age Concern has produced a simple and easy guide to benefits for older people. See its website.
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Jobseeker’s Allowance (JSA) is the main benefit for unemployed people. It is designed to give financial help to people who are unemployed and looking for work. There are two types of JSA:
- Contribution-based JSA is a personal allowance that is based on the national insurance contributions a person has paid over two tax years
- Income-based JSA depends on a person’s income and savings and the income and savings of members of their household and aims to provide a minimum level of income
To qualify for JSA, an applicant must: not be in full time work or education; and be available and able to work, and prove that s/he is actively seeking work. Claimants must also prove that they are actively seeking work. As with income support, claimants must not exceed a certain level of savings and must satisfy the habitual residence test. Claimants must enter into a jobseeker’s agreement with the local Jobcentre Plus, which sets out what action they will take to actively seek work. To find the nearest Jobcentre Plus office, visit their website.
When making a claim for income-based JSA, separate allowances are claimed for the applicant, any adult dependants and their children. Applicants with children may also be able to claim premiums, such as Family Premium or Lone Parent Premium.
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Council tax benefit is paid to people on a low income who have to pay council tax. There are two types of council tax benefit: main council tax benefit and second adult rebate. The latter is to help pay the council tax of a second adult living in the house who is not paying rent to the main payer. In order to qualify the claimant must be liable for council tax payments, must have no more than £16,000 savings and must satisfy the habitual residence test.
Applications for council tax benefit can be made at the local authority housing office, or on the DWP website. Shelter has also produced concise guidance on housing benefit which is available on its website.
Child benefit is a tax-free monthly payment to anyone responsible for a child aged under 16, or a young person under 20 if they are still in full-time education (up to A-level or equivalent) or on certain approved training courses. Child benefit is not affected by income or savings so most people who are bringing up a child or young person qualify for it.
Child tax credit is a payment for people with children regardless of whether they are working or not. It is paid by HM Revenue and Customs (HMRC). You do not need to have a very low income to get some help from child tax credit, so most people with at least one child will get the credit. See the HM Revenue & Customs website. For more information on children’s benefits and how to apply go to the DWP website.
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People on a low income may find it difficult to cover important one-off expenses such as emergency expenses, funeral costs, the costs of a new baby, one-off payments for large items (for example when furnishing a home), or winter fuel payments (for people over 60). The Social Fund is a limited one-off lump sum and comes basically in two forms:
- Regulated payments such as Sure Start maternity grants, funeral expenses, cold weather payments, winter fuel payments
- Discretionary payments such as community care grants, budgeting loans and crisis loans to meet a variety of needs. These payments are budget limited
Both types of payment have conditions of entitlement laid down in regulations. These payments are not taxable and are not counted as income when calculating entitlement to means tested benefits and tax credits. Savings of £500 or more (£1,000 for those aged 60 or over) may affect how much a claimant gets. For more information on what payments are available and how to apply go to the Jobcentre Plus website.
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People under 65 who need help with looking after themselves or have severe difficulty walking may apply for Disability Living Allowance (DLA). They must need such help because of a severe physical or mental illness or disability that is likely to continue for at least another six months. DLA is paid at different rates depending on the severity of the disability.
People over 65 with care or supervision needs can apply for the attendance allowance. The attendance allowance is paid at different rates depending on whether the claimant needs care during the day, during the night, or both. Claimants must need help for at least six months before they can apply. To apply for DLA or the attendance allowance go to the DWP website.
Working tax credit
is a payment designed to supplement low incomes of working people, including those without children. Payments are calculated on personal circumstances such as hours worked and earnings and can be paid to both full and part time workers via the employer. Back to top
Refugees and people with HP or DL are entitled to apply for housing benefit and can join the local authority waiting list. To do this, they need to contact the local authority housing office. The second route into council housing is through homelessness. In order to qualify for council housing a homeless individual or family must be in ‘priority need’. This includes being pregnant, having dependant children, or being particularly vulnerable. 16-17 year olds and 18-20 year old care leavers are also considered to be in ‘priority need’.
Measures contained in the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 mean that a person who has been legally classed as homeless can only apply for local authority housing in their dispersal area unless they have a specific link to another area, for example, family living elsewhere. There is a 28-day ‘move on’ period for single adults or couples who receive a positive decision (grant of refugee status, HP or DL) on their asylum application, within which time they must vacate their UKBA accommodation.
They can look for private rented accommodation or apply for social housing or else they will become homeless and not be considered by the council to be in priority need. They could also move elsewhere where they do not have a local connection and establish residence there before they can register on the housing waiting list. However, they may have to wait a very long time before they can get council accommodation. Families should not be affected, and should remain in accommodation provided by UKBA until an alternative can be found.
For more details see our leaflet ‘Refugees’ guide to housing’.
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Housing benefit is available to help people who are on benefits or who have low incomes to pay their rent. It is paid by local councils. Claimants must have less than £16,000 in savings, normally not be a full-time student, and also satisfy the habitual residence test. Applications for housing benefit can be made at local authority housing offices. Forms for housing benefit should also be sent with claim packs for pension credit, income support and jobseekers allowance. Find out more on the Department for Work and Pensions site (benefits and services A-Z > Housing benefit). Shelter have produced concise guidance on housing benefit which is available on its website.
People with refugee status, HP or DL are entitled to access social services in the same way as any other UK citizen. These can include help for people with physical or mental disabilities, services for older people, child and family care, support for carers, home care, support for young people and young parents, and support for people with alcohol and drug problems. Information on social services should be available from the local authority.
Asylum seekers awaiting an asylum decision are entitled to access health services. Receiving a positive asylum decision makes no difference to this entitlement. Anyone claiming income support is also automatically entitled to free prescriptions, dental treatment and other services. This means that people with refugee status, HP and DL who are on welfare benefits will no longer have to fill out form HC1 to obtain exemption from NHS charges.
People who are on a low income because they are studying or working part-time may also be entitled to help with prescription charges. They need to fill out an HC1 available from GP practices, pharmacies and post offices.
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